When Can a Minor Be Charged as an Adult in South Carolina General Sessions Court?

For parents of a teenager in trouble with the law, nothing is more terrifying than the prospect of their child being tried as an adult. While the South Carolina juvenile justice system emphasizes rehabilitation up to age 17, the law provides mechanisms to strip a minor of these protections for serious crimes. When this happens, the case is moved to the Court of General Sessions, where the teenager faces adult sentences, including mandatory minimum prison terms and a permanent criminal record.

Understanding the legal threshold for trying a minor as an adult-known as the 'waiver' process-is crucial. A waiver hearing is arguably the most critical moment in a serious juvenile case. If your teen is facing serious felony charges, retaining aggressive legal counsel is essential. You can find experienced juvenile and criminal defense attorneys in our US Attorneys directory to fight a waiver request.

Step-by-Step Process of the Waiver Hearing in South Carolina

In South Carolina, the decision to transfer a minor to adult court is governed by S.C. Code Ann. § 63-19-1210. The process begins in the Family Court, such as the Greenville County Family Court, Greenville. The Solicitor (the local prosecutor) must file a formal motion requesting the Family Court judge to waive jurisdiction. The judge will then conduct a waiver hearing, heavily relying on the criteria established in the landmark U.S. Supreme Court case Kent v. United States, 383 U.S. 541 (US Supreme Court 1966), which has been adopted into South Carolina precedent.

Waivers for Serious Offenses

Unlike states that use automatic transfers or prosecutor direct-filing to bypass the juvenile court, South Carolina relies on judicial waiver hearings. Under S.C. Code Ann. § 63-19-1210(6), there is no minimum age requirement when a juvenile is charged with murder; a child of any age can be waived to adult court, a rule affirmed by the South Carolina Supreme Court in State v. Corey D., 339 S.C. 107 (SC Supreme Court 2000) and State v. Pittman, 373 S.C. 527 (SC Supreme Court 2007). For other severe charges, S.C. Code Ann. § 63-19-1210(5) permits the transfer of juveniles aged 14, 15, or 16 who are charged with Class A, B, C, or D felonies or offenses carrying 15 years or more in prison. For criminal sexual conduct, state law under S.C. Code Ann. § 16-3-659 requires the child to be at least 14 years old to be transferred. If the judge grants the waiver, the court issues an individualized transfer order officially sending the child to adult court.

Discretionary Waivers

Under S.C. Code Ann. § 63-19-1210(4), prosecutors can seek a discretionary waiver for virtually any criminal offense-including misdemeanors and Class E or F felonies carrying 10 years or less-only if the youth is 17 years of age or older. Sixteen-year-olds cannot be waived for minor offenses; they face transfer only for Class A through D felonies or crimes carrying 15 years or more. At any waiver hearing, the Family Court judge evaluates eight critical factors adopted from federal jurisprudence and applied in South Carolina precedents like State v. Kelsey, 331 S.C. 50 (SC Supreme Court 1998). The judge weighs the seriousness of the alleged offense, whether it involved violence or premeditation, the minor's Department of Juvenile Justice (DJJ) record, and whether the teen can reasonably be rehabilitated before turning 21.

Strategies to Keep Your Teen in Family Court

Defeating a waiver motion is challenging but possible. A skilled defense attorney will present extensive mitigating evidence. This often involves bringing in private child psychologists to testify about the teenager's mental development, trauma history, or susceptibility to peer pressure. The goal is to convince the judge that the teen is amenable to rehabilitation in DJJ facilities and that transferring them to a place like the Greenville County Court of General Sessions, Greenville would be detrimental and unnecessary.

How Much Does it Cost in South Carolina?

Defending against a waiver to adult court is one of the most resource-intensive legal battles a family can fight. Because the stakes are effectively life-altering, the costs are substantially higher than standard juvenile cases.

• Attorney Fees: Retaining a lawyer for a complex waiver hearing and subsequent trial defense generally ranges from $7,500 to $15,000 or more.
• Expert Witnesses: Hiring psychological experts to testify at the waiver hearing is almost always necessary, adding $2,500 to $5,000 to the defense budget.
• Bail/Bond: If the child is waived to adult court, they are now subject to the adult bail system, meaning families may need to pay thousands of dollars to a bail bondsman to secure their release pending trial.

How Long Does the Process Take?

A waiver hearing is not an overnight process. Before the hearing can even take place, the DJJ must complete a comprehensive evaluation of the minor, and defense experts must prepare their reports. This preparation phase can take 30 to 90 days. If the judge grants the waiver, the case is completely transferred to the adult General Sessions Court, starting the trial process over from scratch, which can take an additional 1 to 2 years to resolve.

Frequently Asked Questions (FAQ)